| The Advertisement law, based on the framework of the economic law, fairadvertising market system and competitive environment as the goal, achievingsocial justice as its value pursuit, has the ultimate aim to standardize theadvertising market economic order and safeguard the interests of consumers.The current" advertisement law" was issued in1994so as to be unable to fullymeet the needs of rapid economic development at present.Our society is in thecritical period of economic transition and development, and many political andlegal systems left over in the condition of planned economy are increasinglyfaced with challenges of social environment in the new era. Implantableadvertising is an emerging form of advertising, and has made rapid developmentin recent years in the country. As an effective combination of advertisingcommercialization and industrialization of the media, it breaks the traditionalrigid way of ad communication, advertises a product or service to a consumer inan indirect way, which show the consumer everything fresh and new feeling andobtain good results. Implantable advertising is not only to open new profit spacefor the media,but also to provide a new brand information carrier foradvertisers.. However, this innovation of ad for the implantable advertising hasnot been recognized by the policies and regulations, which means it is free tolegal supervision system. Nothing can be accomplished without norms orstandards. Showing flood development trend for the lack of effectivesupervision and management, there exists obvious irregularities in implantableadvertising. This not only disrupted the normal economic order of theadvertising market and the mass media sector, but also damaged the audience’sinterests, and destroyed the entire advertisement legal system. Therefore, inorder to guarantee the healthy and orderly development of implantableadvertising, safeguard the legitimate rights and interests of consumers, weshould modify the relevant provisions of the advertisement law system, tostrengthen the management of the film and television program production of the administrative department for Industry and Commerce and the GeneralAdministration, so that the mass media profession would regulate their ownbehavior, and fulfill their social responsibilities.In this paper, firstly, academic results of implantable advertising at homeand abroad were compared and analyzed to find that the discussion on its legalaspects was still in a weak link, then the necessity and significance of theresearch on the legal regulation of implantable advertising weresummarized.Secondly, starting from the advertising content, classification andprinciple introduced, it defined the concept of implantable advertising, andanalyzed its characteristics, the causes and development status. Again, in thispaper it pointed out that the problems of product placement is the unclear legalstatus, violating consumers’ right to choose and subjectivity, and then discussedthe legal relations and legal liability for implantable advertising. Finally, fromthe aspect of perfecting the advertising legal system and making theresponsibility in implantable advertising clear as soon as possible, it put forwardopinions for implantable advertising legislation. It is based on the conclusionsfoundation with this conclusion gives the relevant legislation, implementationsuggestions, hoping to give some practical value for China’s future developmentof implantable advertising to provide reasonable reference. Based on theconclusions,the paper gives the relevant legislation and implement suggestions,hopes to have some practical value for providing a reasonable reference for thedevelopment of China’s implantable advertising in the future. In addition, Byusing enumeration method and economic analysis method, and combining withthe Marx doctrine principle, this paper is dialectically analyzed of theadvantages and disadvantages of implantable advertising and eventually comesto the meaning of establishing the legal restraint mechanism. |
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